Cantrelle v. Clayton et al

Filing 55

ORDER denying as moot 51 plaintiff's Motion for Summary Judgment to Enforce Settlement; FURTHER ORDERED that Plaintiff's request for attorneys' fees is DENIED. Signed by Judge Carl Barbier on 11/4/15. (sek)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

DANA CANTRELLE

CIVIL ACTION

VERSUS

NO: 14-1776

WILLIAM V. CLAYTON, ET AL.

SECTION: J(3)

ORDER
Before the Court is Plaintiff's Motion for Summary Judgment
to Enforce Settlement (Rec. Doc. 51), which includes a request
for attorneys' fees, and an Opposition thereto (Rec. Doc. 54) by
Defendants, William V. Clayton, Forby Contracting, Inc., and
Liberty Mutual Insurance Company. Considering the parties'
pleadings and the fact that the settlement has been consummated
since the filing of Plaintiff's motion,
IT IS ORDERED that the motion is DENIED AS MOOT.
IT IS FURTHER ORDERED that Plaintiff's request for
attorneys' fees is DENIED because Plaintiff failed to allege that
Defendants acted in bad faith "to delay and frustrate a
settlement agreement." E.N. Bisso & Son, Inc. v. World Marine
Transp. & Salvage, Inc., No. 94-0690, 1996 WL 28520, at *5 (E.D.
La. Jan. 23, 1996).
New Orleans, Louisiana this 4th day of November, 2015.

____________________________
CARL J. BARBIER
UNITED STATES DISTRICT JUDGE